General Terms and Conditions

These general terms and conditions are those of VG Automotive BV, with registered office at Geeneinde 24, 2381 Weelde (Ravels), Belgium, registered in the Crossroads Bank for Enterprises under company number 0801.390.937, with VAT number BE 0801.390.937, trading under the trade name “VG Automotive”.

You can reach us on telephone number +32 456 53 60 65, by e-mail at info@vgautomotive.be and via the website www.vgautomotive.be. VG Automotive BV is referred to in these terms and conditions as “the seller” or “we”.

These general terms and conditions apply to all quotations, order forms, agreements and deliveries of the seller, and this for the sale of new and second-hand vehicles, the import of vehicles from another Member State and the handling of roadworthiness testing, registration and taxes, the “car on request” search service, repairs and maintenance, and the detailing, paint protection film, car wrapping and ceramic coating services.

They apply irrespective of whether the order is placed at our premises, or via the website, by telephone, by e-mail or via any other interface made available by us or by a partner.

The buyer accepts these general terms and conditions by placing a reservation or an order, by signing the order form or by accepting a quotation. He acknowledges that he was able to take note of them beforehand.

These terms and conditions can be consulted at all times at www.vgautomotive.be/terms, can be printed or saved as a PDF from that page, and are provided free of charge on a durable medium on simple request.

The buyer’s own terms and conditions, of whatever nature and irrespective of whether they appear on his order form or in his correspondence, are excluded, unless we have expressly accepted them in writing.

These terms and conditions have been drawn up in Dutch and translated into French, English and German. In case of discrepancies between the language versions, the Dutch text prevails, except where mandatory law provides otherwise for the benefit of a consumer.

An agreement consists of the special conditions on the order form and of these general terms and conditions. The special conditions supplement these general terms and conditions; in case of conflict, the special conditions prevail.

The offer of vehicles on our website, on advertising platforms and in our showroom is an invitation to place an order and not a binding offer. An agreement is only concluded in accordance with article 4.

All vehicles are offered subject to prior sale. The fact that a vehicle is still on the website does not mean that it is still available.

Unless stated otherwise, prices are expressed in euro and apply to the vehicle in the condition and with the equipment as described on the order form.

Towards a consumer, prices are stated inclusive of VAT and inclusive of all unavoidable costs that we charge ourselves. Not included are the vehicle registration tax (BIV), the annual road tax, the registration costs at the DIV, the number plate and the costs of the roadworthiness test, unless the order form expressly states otherwise.

The applicable VAT regime, either the margin scheme or sale with VAT, is stated on the order form and on the invoice. Article 21 applies thereto.

Manifest material errors in a price, a specification or a description are not binding on us. A manifest error means a mistake that is reasonably recognisable to a normally attentive buyer, such as a price that is obviously out of proportion to the market value of the vehicle.

If we establish such an error, we inform the buyer thereof without delay and he has the right to withdraw from the order free of charge. In that case we owe no compensation whatsoever, save for the immediate refund of the amounts already paid.

Photographs, videos, dimensions, consumption and emission data and equipment lists are communicated in good faith, but are indicative. Only the description on the order form and, in the case of a second-hand vehicle, the condition of the vehicle document are binding.

For a second-hand vehicle already registered in Belgium, we display in our advertisements and in the showroom the mileage data available to the non-profit association Car-Pass at that time.

A written quotation is valid for fourteen calendar days from its date, unless the quotation states a different period of validity or the vehicle has been sold in the meantime.

The agreement is concluded at the moment the order form is accepted by both parties, or at the moment we confirm an order in writing or by e-mail.

The special conditions on the order form state at least the vehicle and its chassis number, the price and the VAT regime, the agreed guarantee period, the delivery period and the agreed advance payment.

An oral reservation or an option on a vehicle is not binding on us and does not prevent the sale to a third party, as long as no order form has been accepted and, if agreed, no advance payment has been received.

The agreement may validly be concluded by electronic means. The parties accept that e-mails, electronic order forms and electronic signatures have evidential value. We keep the agreement on file and provide the buyer with a copy on request.

For a vehicle from our stock the advance payment amounts to no more than fifteen per cent of the sale price.

For a vehicle that we order, import or purchase on the express instruction of the buyer within the framework of a search assignment, a higher advance payment may be agreed. That higher advance payment is expressly stated on the order form and accepted separately by the buyer, because in that case we commit ourselves towards a third party for his account.

The balance of the price is payable at the latest at the time of delivery, before the handover of the vehicle and of the vehicle documents, unless agreed otherwise in writing.

Payment is made by transfer to our account or via the payment terminal at our premises.

In accordance with article 67 of the Act of 18 September 2017 on the prevention of money laundering and terrorist financing, no more than EUR 3,000 may be paid or received in cash per transaction or set of related transactions. We refuse any payment that exceeds this limit, and we may request the legally required identification data of the buyer.

The buyer may not unilaterally suspend or set off his payment obligation, except where he is a consumer. A consumer may set off the amounts he owes us against the amounts we owe him, and may suspend his payment in the cases in which the law grants him that right, including for as long as we fail to comply with our guarantee obligations.

A professional buyer must protest an invoice in writing and with reasons, on pain of forfeiture, within eight calendar days of the invoice date. Failing this, the invoice is deemed to have been accepted.

Between us and a professional buyer, in accordance with the Act of 15 December 2004 on financial collateral arrangements, all current and future mutual debts are set off by operation of law, so that only the balance remains due. This provision does not apply towards a consumer.

If a consumer does not pay an amount due on the due date, we first send him a free reminder of payment, in accordance with Book XIX of the Code of Economic Law. That reminder states the balance due and the amount of any compensation, our name and our company number, a description of the debt and the date on which it became due and payable, and the period within which payment must be made before costs may be claimed.

Only if the consumer does not pay within fourteen calendar days, counting from the third working day after the reminder is sent by post or from the calendar day after it is sent by e-mail, may default interest and a fixed compensation be claimed.

If a professional buyer does not pay on the due date, default interest of 1.5 per cent per month on the outstanding amount is due by operation of law and without notice of default, whereby every month commenced counts as a full month, as well as fixed damages of ten per cent of the outstanding amount with a minimum of EUR 250, without prejudice to our right to prove higher damage actually suffered and to claim the recovery costs in accordance with the Act of 2 August 2002.

In the event of non-payment on the due date we have the right to suspend our own obligations, including the delivery of the vehicle and the handover of the vehicle documents, and to render all other outstanding invoices immediately due and payable.

If payment is still not made within ten calendar days of a notice of default sent by registered letter, we may terminate the agreement by registered letter. Article 9 governs the compensation due in that case.

By way of derogation from article 1583 of the old Civil Code, the vehicle remains our property until full payment of the principal sum and of any interest and costs. The buyer expressly accepts this retention of title.

For as long as the retention of title applies, the buyer may not dispose of, rent out, lend, pledge or otherwise encumber the vehicle. If a third party asserts rights over the vehicle, for instance by attachment, the buyer informs us thereof immediately.

The risk of loss of or damage to the vehicle passes to the buyer at the moment at which he, or a third party designated by him who is not the carrier appointed by us, takes physical possession of the vehicle. If delivery is postponed for a cause attributable to the buyer, the risk passes at the moment at which delivery should have taken place.

From the transfer of risk onwards, the buyer is responsible for adequate insurance of the vehicle.

Delivery takes place at our premises at Geeneinde 24, 2381 Weelde (Ravels), unless another place of delivery has been agreed in writing. Delivery to an address designated by the buyer is possible against the fee stated on the order form.

The delivery period is stated on the order form.

Towards a consumer that period is binding. If the order form does not state a period, we deliver at the latest thirty calendar days after the conclusion of the agreement.

Towards a professional buyer the delivery period is indicative and exceeding it does not in itself give rise to a right to termination or damages, save in the event of our intent or gross negligence.

If we do not deliver on time to a consumer, he may grant us an additional, reasonable period in writing. If we also fail to deliver within that additional period, the consumer may terminate the agreement free of charge and we refund all amounts paid within fourteen calendar days. The consumer need not grant an additional period where we have refused to deliver or where the agreed delivery date was essential.

We are not liable for a delay attributable to the buyer, to force majeure within the meaning of article 25, or to a third party for whom we are not answerable, such as the roadworthiness testing centre, the DIV, the competent tax authority, an insurer or the supplier of an additional service chosen by the buyer. In that case we inform the buyer without delay and agree a new delivery date with him.

If the buyer does not take delivery of the vehicle against payment of the balance, we serve him notice of default by registered letter to comply with his obligations within ten calendar days of the sending of that letter.

If he remains in default, we may, at our option, claim performance of the agreement or consider the agreement terminated with application of article 9.

If the vehicle is not collected more than ten calendar days after the agreed delivery date for a reason not attributable to us, we may charge storage costs of EUR 10 per day commenced as from the eleventh day. We inform the buyer thereof in advance.

If the buyer cancels the agreement before delivery, other than in the cases in which the law or these terms and conditions give him the right to do so, he owes fixed damages of fifteen per cent of the agreed price. The advance payment made is set off against this and any balance is refunded.

If it concerns a vehicle that we have ordered, purchased or imported on the express instruction of the buyer, article 17.6 applies, since in that case we have committed ourselves towards a third party for his account.

If we cancel the agreement without any failure on the part of the buyer and without there being force majeure or a manifest error within the meaning of article 3.3, we owe the buyer equivalent compensation, calculated on the same basis as in article 9.1. The parties acknowledge that these clauses are reciprocal and equivalent.

This article applies exclusively where the buyer is a consumer and the agreement has been concluded exclusively at a distance or off our business premises, without the simultaneous physical presence of both parties. If the order form is signed in our showroom, there is no statutory right of withdrawal.

In that case the consumer has fourteen calendar days to withdraw from the agreement without giving any reason. That period starts to run on the day after the consumer, or a third party designated by him who is not the carrier, has taken physical possession of the vehicle.

The consumer exercises his right of withdrawal by providing us, before the expiry of that period, with an unambiguous statement, by letter to VG Automotive BV, Geeneinde 24, 2381 Weelde (Ravels), or by e-mail to info@vgautomotive.be. He may use the model form below for this purpose, but is not obliged to do so. We confirm receipt of the withdrawal without delay on a durable medium.

Model withdrawal form. To VG Automotive BV, Geeneinde 24, 2381 Weelde (Ravels), info@vgautomotive.be. I hereby give notice that I withdraw from our agreement concerning the sale of the following vehicle: (make, model and chassis number). Ordered on (date) and received on (date). Name of the consumer. Address of the consumer. Date. Signature of the consumer, only where this form is submitted on paper.

In the event of withdrawal we refund all payments received from the consumer, including the costs of standard delivery, and this at the latest fourteen calendar days after we have been informed of the withdrawal. We may withhold the refund until we have received the vehicle back or until the consumer has demonstrated that he has sent it back. We refund using the same means of payment as the consumer used, unless he expressly agrees to another means.

The consumer returns the vehicle to our premises without delay and in any event within fourteen calendar days of his withdrawal. The direct costs of bringing or sending it back are borne by him.

The consumer is liable for the diminished value of the vehicle resulting from handling that goes beyond what is necessary to establish its nature, characteristics and functioning. In the case of a vehicle this includes, among other things, the kilometres driven in excess of what is necessary for a test drive, and any damage that has arisen in that period. We may set off that diminished value against the amount to be refunded.

On the sale of a second-hand vehicle registered in Belgium to a buyer who is not a professional within the meaning of the Act of 11 June 2004, we hand over, at the latest upon the conclusion of the agreement, a valid Car-Pass which at that time is not older than two months. The buyer signs for receipt; that acknowledgement of receipt forms part of the order form.

For a vehicle that is not registered in Belgium at the time of the sale, the non-profit association Car-Pass cannot issue a document. In that case we provide the mileage history as it appears from the available foreign sources and from the service booklet, and the vehicle is included in the Car-Pass system after registration in Belgium.

With every second-hand vehicle we enclose a condition of the vehicle document, in which the defects known at that time and the visible wear are described. The buyer takes note of it before signing the order form and confirms this by his signature.

The defects that are expressly mentioned in that document and that the buyer has thus accepted cannot be invoked under the statutory guarantee, since the buyer was aware of them when the agreement was concluded. This exclusion does not apply to defects that are not mentioned therein, nor where a statement is drafted in such general terms that it does not genuinely inform the consumer.

The buyer has had the opportunity to examine the vehicle, to take a test drive and to have it inspected by a third party at his own expense before the conclusion of the agreement. If he does not make use of that opportunity, this does not affect his statutory rights as a consumer.

In addition to the statutory guarantee, we or a third party may grant a commercial guarantee. A commercial guarantee is a voluntary supplement: it in no way detracts from the statutory rights of the consumer, who may claim the remedies of article 12 free of charge, irrespective of whether he relies on the commercial guarantee.

Where a commercial guarantee is granted, the buyer receives, at the latest upon delivery, a guarantee certificate on a durable medium, drawn up in plain and intelligible language. That certificate states the identity and the address of the guarantor, the vehicle concerned, the duration and the territorial scope, what exactly is covered and what is not, and the procedure for invoking the guarantee.

For a commercial guarantee granted by ourselves, the guarantor is VG Automotive BV, Geeneinde 24, 2381 Weelde (Ravels). The buyer invokes that guarantee by contacting us at info@vgautomotive.be or on +32 456 53 60 65 before any repair is commenced. Repairs carried out without our prior agreement are not eligible for intervention under the commercial guarantee. This provision does not detract from the statutory guarantee.

Unless the guarantee certificate provides otherwise, a commercial guarantee granted by us is personal and not transferable upon resale of the vehicle. A guarantee granted by a manufacturer or another third party follows the conditions of that guarantor.

The guarantee presupposes that the vehicle has been used normally and has been maintained in accordance with the manufacturer’s specifications. The buyer keeps a record of the maintenance and produces the supporting documents at our request. Damage resulting from abnormal or incorrect use, from overloading or from poor maintenance is not covered.

Not covered is damage arising wholly or partly from a modification to the vehicle that is not provided for or approved by the manufacturer, including the adjustment of the engine management or chip tuning, the fitting of non-approved parts or accessories, and the conversion of the vehicle, including conversion to a light goods vehicle.

Not covered is damage arising from the use of the vehicle on a circuit, in competition, in rallies, in speed trials or in driver training of a sporting nature.

For hybrid and electric vehicles the guarantee presupposes correct charging behaviour in accordance with the manufacturer’s specifications. A gradual decrease in the usable capacity of the traction battery is a normal ageing phenomenon and not in itself a lack of conformity, unless the capacity falls below the threshold guaranteed by the manufacturer or unless a specific capacity has been expressly agreed.

As soon as the buyer establishes a defect, he takes the necessary steps to prevent the damage from increasing, if necessary by ceasing to use the vehicle. He has a duty to mitigate the damage.

This article applies exclusively where the buyer is not a consumer. The statutory consumer guarantee of article 12 and the right of withdrawal of article 10 do not apply to him.

The vehicle is sold in the condition in which it is and which the professional buyer, who is deemed to be an expert in this respect, has examined or has been able to examine. Visible defects are deemed to have been accepted upon taking delivery, unless they are notified in writing and with reasons within two working days of delivery.

A claim on account of a hidden defect is admissible, on pain of forfeiture, only if it is notified in writing and with reasons within fourteen calendar days after the professional buyer has discovered the defect or should reasonably have discovered it, and in any event within three months of delivery.

If a claim on account of a hidden defect is well founded, our intervention is limited, at our option, to the repair of the defect or to an appropriate price reduction, without prejudice to article 24.

The professional buyer declares that he is purchasing the vehicle wholly or partly for professional purposes and accepts that he cannot rely on the protection that the law reserves for consumers. In addition, article 21 applies to a delivery to a professional buyer established in another Member State.

If we import a vehicle from another Member State, we take care, unless the order form provides otherwise, of the purchase from the foreign seller, the transport, the administrative formalities, the application for the required documents and the presentation of the vehicle for the Belgian roadworthiness test.

We provide the buyer with the Belgian certificate of conformity or the European certificate of conformity of the vehicle, or, where that document is not available, the documents that are necessary in order to be able to register the vehicle in Belgium. If registration in Belgium proves impossible for a technical or administrative reason and this is not attributable to the buyer, the agreement is terminated and we refund all amounts paid.

An imported second-hand vehicle is presented to a Belgian roadworthiness testing centre before registration. The costs of that test are included in the price where the order form so states. If the vehicle fails the test for defects that were known to us or should have been known to us, we remedy them at our expense before delivery.

Registration with the DIV and the application for the number plate are made in the buyer’s name. To this end the buyer provides us in good time with the necessary data, documents and powers of attorney, as well as proof of insurance. A delay caused by the late provision thereof is not attributable to us.

The vehicle registration tax (BIV) and the annual road tax are borne by the buyer, unless the order form expressly provides otherwise. Those amounts are determined by the competent authority on the basis of, among other things, the CO2 emissions, the fuel, the power and the age of the vehicle. Any estimate we communicate is purely indicative and does not bind the authorities.

The periods for roadworthiness testing, registration and issue of documents depend on third parties. We undertake to handle those formalities with due care and without delay, but we are not liable for the processing time of the services concerned. Article 8.3 continues to apply in full towards consumers.

Under a search assignment we trace, for the account of the buyer, a vehicle that meets his criteria. In doing so we have access to professional dealer and auction platforms that are not accessible to private individuals. We have a best-efforts obligation: we carry out the assignment with the care of a normally prudent professional, but we do not guarantee that a vehicle meeting all criteria will be found.

The assignment starts with an intake interview and a search assignment in which the make, the model, the version, the budget, the desired mileage and the other criteria are set out. The intake interview and the drawing up of the search assignment are free of charge and do not commit the buyer to anything.

The fee for the search assignment is stated on the order form before the start of the assignment. It is due where the buyer purchases a vehicle proposed by us or where we purchase a vehicle on his instruction. If the assignment does not lead to a vehicle that the buyer accepts, no fee is due, save for an express provision to the contrary on the order form.

A proposal that we provide to the buyer applies for as long as the vehicle remains available at the third party. Vehicles on professional platforms and at auctions are traded quickly; we therefore cannot guarantee the availability of a proposed vehicle and are not liable where a vehicle has in the meantime been sold to a third party.

We only purchase a vehicle after the buyer has expressly given instructions to that effect in writing, by e-mail or by a signed order form, and after any agreed advance payment has been received. From that agreement onwards the buyer is bound, since from that moment we commit ourselves towards a third party for his account. At an auction a bid is irrevocable; the buyer accepts that a bid made on his instruction cannot be withdrawn.

If the buyer refuses to take delivery of the vehicle after that agreement, the fee for the search assignment remains due and articles 8.5 and 9.1 apply.

We undertake in that case to resell the vehicle within a reasonable time and on the best possible terms, in order to limit the damage. If the net proceeds of that resale, after deduction of the costs incurred, remain lower than the agreed price, the difference is due by the buyer, after deduction of the fixed compensation already charged, so that no double compensation is charged. If the net proceeds are higher, the positive difference accrues to the buyer.

Unless agreed otherwise, a search assignment runs for three months. Both parties may terminate the assignment in writing at any time without compensation, as long as we have not yet purchased a vehicle on the instruction of the buyer. The buyer is not obliged to entrust the assignment to us exclusively and remains free to search himself or through a third party.

If the order form mentions the take-over of a vehicle belonging to the buyer, that take-over is dependent on the actual delivery of the purchased vehicle. If the purchase of the purchased vehicle is terminated, the take-over also lapses.

The buyer warrants that he is the owner of the vehicle to be taken over, that he may freely dispose of it, that it is free of any pledge, attachment or financing obligation, and that the mileage is correct and has not been tampered with. He provides us with the registration certificate, the certificate of conformity, the roadworthiness certificate, all keys and, where the law so requires, a valid Car-Pass.

The take-over value agreed at the time of the order is final in so far as the condition of the vehicle at the time of the transfer corresponds, save for insignificant details, to the description on the order form. If we establish a material discrepancy, we discuss this with the buyer beforehand and the take-over value may be adjusted by mutual agreement. If the parties do not reach agreement on this, either of them may withdraw from the take-over, without this affecting the purchase of the purchased vehicle.

The buyer indemnifies us against any claim of a third party and against any damage resulting from the inaccuracy of the warranties in article 18.2, in particular in the case of a tampered mileage reading or an undisclosed damage history.

The take-over value is set off against the purchase price. We are not obliged to pay out or to set off for as long as the vehicle to be taken over and all accompanying documents have not been transferred.

A test drive is only possible upon presentation of a valid driving licence and an identity document, of which we may take a copy for the time necessary to handle the test drive. We may refuse a test drive or have it accompanied by a member of staff.

During the test drive the vehicle may be used solely in order to assess it, on the public road, in compliance with the traffic rules and within the agreed route and time frame. It is not permitted to use the vehicle on a circuit, for speed trials, for towing, or to allow another person to drive it.

In the event of damage to the vehicle during the test drive that is covered by insurance, the driver bears the excess stated on the test drive form. If the damage is not covered by insurance, the driver bears that damage in full.

Traffic fines, municipal administrative fines (GAS), charges and tolls incurred during the test drive are borne by the driver. We communicate his identity to the competent authority when it so requests.

The limitation to the excess in article 19.3 lapses and the driver is fully liable where the damage results from intent, from driving under the influence of alcohol, drugs or medication that affects driving ability, from driving without a valid driving licence, from a hit-and-run offence, or from a use that is contrary to article 19.2.

From the moment at which the buyer takes physical possession of the vehicle, he bears the responsibility for any use of it, including all traffic fines, municipal administrative fines (GAS), charges, tolls and parking costs.

If we receive a fine relating to a period in which the vehicle had already been transferred to the buyer, we provide the buyer’s details to the competent authority. For the administrative handling thereof we may charge a cost of EUR 25, which we announce in advance.

The buyer may only use the vehicle on the public road after it has been validly registered, tested where this is required, and insured. If he uses the vehicle earlier, he does so at his sole responsibility and indemnifies us against any consequence thereof.

The applicable VAT regime is stated on the order form and on the invoice. A vehicle is sold either under the special scheme of taxation on the profit margin, or with application of the ordinary VAT scheme.

In the case of a sale under the margin scheme, the VAT is included in the price, is not stated separately and is not deductible for the buyer. The buyer acknowledges having been informed thereof before the conclusion of the agreement.

A supply to a buyer established in another Member State can only be exempt from VAT if all statutory conditions are met, including a valid and verified VAT identification number of the buyer and proof that the vehicle has actually left Belgium. The exemption is granted subject to the condition precedent that such proof is provided in good time.

The buyer provides us with the proof of transport to the other Member State within fifteen calendar days of delivery. Evidence includes, among other things, a signed CMR consignment note, a transport invoice, an insurance certificate for the transport, proof of payment of the transport, or proof of registration of the vehicle in the Member State of destination.

If we do not receive that proof within that period, or if the buyer’s VAT number proves to be invalid, we may still invoice the sale with Belgian VAT and the buyer owes that VAT immediately. If the VAT is subsequently claimed from us by the tax administration because the exemption was wrongly applied for a cause attributable to the buyer, the buyer indemnifies us in full against that VAT and against the associated interest, fines and defence costs.

We may make the exempt supply dependent on the prior payment of a security equal to the amount of the VAT. That security is refunded without delay as soon as the proof of transport has been received and accepted.

Repairs that are borne by the buyer are carried out on the basis of a detailed estimate that is provided to the buyer in advance. The estimate states the date, the period of validity, the mileage, a description and the duration of the work, the costs of labour and parts, and the guarantee. We inform the buyer in advance if the drawing up of the estimate is subject to a charge; that cost is refunded where the repair is carried out by us.

Work that is not included in the estimate is only carried out after an additional agreement from the buyer. The invoice contains the same information as the estimate, with the exception of the period of validity.

If the diagnosis shows that the defect is not covered by the guarantee, the costs of that diagnosis and, where applicable, the towing costs are borne by the buyer, provided that we informed him of those costs in advance.

On a repair that we carry out against payment, we grant a guarantee of one year on the work performed and on the parts replaced, save for normal wear and tear and save for defects attributable to a part supplied by the buyer.

Until full payment of the repair costs, increased where applicable with interest and costs, we have a right of retention over the vehicle. Replaced parts are made available to the buyer at his request; if he does not make that request before collection, he is deemed to have waived it.

These services are subject to a best-efforts obligation. The achievable result depends to a significant extent on the condition of the paintwork, the age of the vehicle and treatments carried out previously. We discuss the realistically achievable result with the customer beforehand.

Before the start of the work we record the condition of the paintwork, with photographs where possible. Existing paint damage, over-polished areas, corrosion, stone chips, scratches and non-original paintwork are noted therein. We are not liable for defects that result from that previously established condition, nor for paintwork that comes off when film is removed because it was not original or insufficiently adhered.

Before the start of the work the customer informs us of any paint repair, respray or bodywork carried out previously. If he conceals this, we are not liable for the damage resulting therefrom.

The service life and the performance of a film or a coating are determined by the specifications of the manufacturer, which are stated on the estimate. A protective film or coating reduces the risk of damage, but does not exclude it; it offers no protection against heavy impact, against deep scratches or against damage that falls outside the specifications of the manufacturer. A slight texture in the film, minimal inclusions or a visible seam are inherent in the technique and do not constitute a defect.

The customer complies with the maintenance instructions that we provide upon completion, including the waiting period before the first wash, the prohibition on spraying with a high-pressure cleaner at close range to edges and seams, and the use of suitable cleaning products. Damage due to non-compliance with those instructions is not covered.

A vehicle that is left with us for this work remains insured by the customer, save for the damage that is caused by our fault during the performance of the work. We keep the vehicle with the care of a prudent and reasonable person. The customer collects the vehicle within five working days of the notification that it is ready; thereafter article 8.6 applies mutatis mutandis.

Until full payment we have a right of retention over the vehicle, in accordance with article 22.5.

We are liable for the foreseeable, direct and personal damage that the buyer suffers as a result of a failure attributable to us.

Save in the cases of article 24.4, we are not liable for indirect damage or consequential damage, including loss of profit, loss of turnover, loss of clientele, loss of contracts, the costs of replacement transport that have not been agreed in advance, and non-material damage.

Save in the cases of article 24.4, our liability per claim is limited to the amount, excluding VAT, of the invoice relating to the vehicle or the service concerned.

The limitations and exclusions in articles 24.2 and 24.3 do not apply and cannot be invoked in the event of fraud, intent or gross negligence on our part or on the part of our agents, in the event of damage resulting from an injury to life or to physical or mental integrity, in the event of liability on the basis of the rules on product liability, and whenever mandatory law prohibits a limitation of liability. Nor do they detract from the rights that a consumer derives from articles 12 and 13.

A professional buyer must notify any complaint about our services in writing and with reasons within five working days after he has discovered the damage or should reasonably have discovered it, and in any event within one year of the service, on pain of forfeiture. This notification period does not apply to a consumer; only the periods of article 12 apply to him.

We may call upon subcontractors for the performance of our obligations. We remain responsible towards the buyer for the services that they perform on our instructions.

Neither party is liable for the non-performance of its obligations where this is the result of force majeure, that is to say an impossibility to perform that is not attributable to it. Force majeure includes, among other things, natural disasters, fire, war, terrorism, civil unrest, general strikes, epidemics and pandemics, government decisions and export restrictions, a prolonged failure of energy or telecommunications, a cyberattack, and the unavailability of a vehicle or part at the manufacturer for reasons beyond our control.

The illness, the absence or the departure of an individual member of staff does not in itself constitute force majeure.

The party that invokes force majeure informs the other party without delay. The obligations are suspended for as long as the force majeure lasts. If it lasts longer than three months, either party may terminate the agreement in writing without any compensation, whereby the amounts already paid for services not delivered are refunded within fourteen calendar days.

If circumstances change in an unforeseeable manner such that performance becomes excessively onerous within the meaning of article 5.74 of the Civil Code, either party may request a renegotiation. For as long as that renegotiation is ongoing, the existing obligations remain in force.

We process the buyer’s personal data in accordance with the General Data Protection Regulation, with a view to the performance of the agreement, compliance with our statutory obligations concerning, among other things, registration, guarantee, Car-Pass and the fight against money laundering, and, subject to consent where this is required, in order to inform the buyer about our offer. The data controller is VG Automotive BV.

The buyer may exercise his rights of access, rectification, erasure, restriction, portability and objection via info@vgautomotive.be. A full explanation of the processing, the retention periods and the recipients of the data is set out in our privacy policy at www.vgautomotive.be/privacy. The buyer may also lodge a complaint with the Gegevensbeschermingsautoriteit (Data Protection Authority), Drukpersstraat 35, 1000 Brussels.

We are happy to deal with every complaint ourselves first. The buyer can reach us at info@vgautomotive.be or on +32 456 53 60 65. We confirm receipt of a written complaint within five working days and endeavour to give a substantive reply within thirty calendar days.

If we do not reach a solution together, a consumer may turn free of charge to the Consumentenombudsdienst (Consumer Mediation Service), North Gate II, Koning Albert II-laan 8 bus 1, 1000 Brussels, telephone +32 2 702 52 20, contact@consumentenombudsdienst.be, www.consumentenombudsdienst.be. That service handles the request itself or transfers it to the competent qualified entity.

The parties may also agree to have an amicable technical expert assessment carried out by an independent expert. In doing so they determine in advance and in writing who bears the costs. An amicable expert assessment does not suspend the guarantee period, unless it forms part of negotiations within the meaning of article 12.5.

These provisions do not affect the right of either party to bring the matter before the competent court.

All agreements to which these terms and conditions apply are governed exclusively by Belgian law. The application of the Vienna Sales Convention of 11 April 1980 is excluded.

Where the buyer is a consumer, disputes are brought before the court that has jurisdiction in accordance with article 624 of the Judicial Code. The consumer may in any event bring a claim against us before the court of his place of residence, and a claim by us against him may only be brought before the court of his place of residence.

Where the buyer is not a consumer, only the courts of the judicial district of Antwerp, Turnhout division, have jurisdiction.

If a provision of these terms and conditions is void, unlawful or unenforceable, this does not affect the validity of the remaining provisions. The provision concerned is replaced by a valid provision that comes as close as possible to the intention of the parties, it being understood that a clause that is unfair towards a consumer is deemed not to have been written as regards that consumer, without being replaced by another clause.

The fact that we do not exercise a right under these terms and conditions, or do not exercise it immediately, does not constitute a waiver of that right.

We may transfer our rights and obligations under the agreement to a third party in the context of a transfer of our business, without this affecting the rights of the buyer. The buyer may only transfer his rights and obligations subject to our prior written agreement.

The parties accept that e-mails, electronic documents and the data from our administration and IT systems have evidential value, in accordance with Book 8 of the Civil Code.

We may amend these terms and conditions at any time. The version that is in force at the time of an order continues to apply to that order. Earlier versions are kept on file and are provided free of charge on simple request via info@vgautomotive.be.

The titles of the articles serve readability only and have no bearing on the interpretation of these terms and conditions.

For questions, for changes to an order or for complaints, the buyer can reach us on +32 456 53 60 65 or at info@vgautomotive.be, from Monday to Saturday between 9 a.m. and 8 p.m., or via the contact form at www.vgautomotive.be.